Oral

The WHO has identified the right to the enjoyment of the highest attainable standard of physical and mental health as one of the core fundamental rights of every human being without distinction of race, religion, political belief economic or social condition. In this session we will discuss the efforts being made here in the US, specifically through state specific legislation, to clarify and develop policies to achieve this right at the state level. Using New Mexico as a case study, we will discuss competing understandings of this human right (such as the right to health versus the right to health care); the politicization of the word ¡§health¡¨ to distort this right, and the relationship between health and environmental/social issues. Panel members will discuss (a) the history of proposed legislation in New Mexico and the outcomes of legislative processes to date, as well as the plans for future legislation; (b) the legal right for health and health care in different populations (such as American Indians, prisoners, immigrants, indigent individuals); (c) the political implications of delivery models for health care, including single payer, and how those impact the perceptions of the right to health; and (d) international treaties concerning this fundamental right as background for safeguarding this right in the United States. This 90 minute session will consist of a panel of 5 experts. Issues to be discussed include: the distinction between health CARE as a human right and HEALTH as a human right; the different understandings of the term ¡§health¡¨ when used in policy discussions; a discussion of international treaties addressing health as a human right and US position on those treaties; the relationship between health and environmental/social issues and how policies can be implemented to address the social determinants of health; discussion of the role of the health care system in addressing these larger, environmental issues; discussion of the factors that create health; the legal right for health and health care for some sub populations in the United States, but not all; and a case study of proposed legislation in New Mexico: where have we been, where are we going?

Session Objectives: Explain the difference between the right to health and the right to health care. Demonstrate social, political and environmental influences that impact health. Identify specific legislation introduced in at least one state to clarify the right to health care for all citizens.